WEDNESDAY, AUGUST 9, 1911.

BY TELEGRAPH.

(Corrniant.]

PLAGUE IN SHANGHAI,

DUTBREAK NEAR THE SETTLEMENT.

(From Our Own Correspondant }

SHANGHAI, August 9. An outbreak of plague has occurreduttimo. at Chapei, which adjoins the Settlement. Fourteen cases are reported and ten deaths.

FALSE IMPRISONMENT ALLEGED.

Mr Eldon Fotter appeared for plaincit, instructed by Mr C. Wilson and the Hou. Mr H. E. Pollock, K.C.. dafended, in structed by Mr Needham.

Mir Potter mid that he took it that no PREPARING FOR THE shareholder of the company would be called

as a juryman, DURBAR.

form of a

THE CHINA MAIL.

the "suns of $1 at the payout of the Registry arid anyone..could have soon. that the general munngura were the only persons to instiente proceelings He would rest his case unthu point.

Mr Henry Humphreys was cared and gave evidence in support of Mr Pollock' statement.

Afbes retirement the jury returusd`a

verdict in favour of plaintif and assessed the damages at 8000,

STABBING AFFAIR AT Y.MO. A..

European Wounded by Dismissed "Boy."

In the early hours of this warning a most dazing and carefully planned stabbing affair took place at the Europeau Y.M.C.A. buildings whereby Mr R. L.. Atkinkon, an

covenant with-afe Wong and asking than the Chinese customer might be rafered to their agent at Yaunisti as it might rendor them liable for danges and compansation, European Firm Sued There was no suggestion in any shapo or theft of a minerál, Watar Ascensiderable interest came but a suggestion that the agrevant had Mr Williams would received before Mr Justice Gompertz as the the letter

on tho 29th June Supreme Court, this morning, who A and it was a significant fact that pinintiff Chui Ting sted Messes A. S. Watson and was arrested on that day for a rouny of Co., Ltil, to recover $1,000 damages on water. He thought it a fair critiqu that Mr Williams having received the For false imprisonment and lick letter frous leis ampleyors painting out that prosecution or or about the 20th or 20th something had boon floue which ought cor to have hean done, vented his waloon on plaintif. That would explain why Mr Williams in his room preved plaintiff to adinit his guilt. Mr Williams could barg aseartained by enquiry had he liked to have made any, and by inspection of the books or taking any reasonable.stopa In fact no

minem water was supplied to any Chiness dealer in Kowloon and in fact Mr Wong was mistaken LORD CREWE VISITS KING.

MP Potter said that plaintiff was a when he raid that Mesars Watson had Reuter's Service to the China Mail.) Chinese elers who hail hoes in the employ broken their agreement when he said they wore supplying Chinese customers. If any of defendant company for about five years. LONDON, August 8. Before his discharge he was obtaining a much thing had appened it was far from Lord Crowe, Secretary of State for buy of a nath. Plaintiff was realing mineral water and plaintiff did noted rooms at the Y.M.C.A. and it appars soundal by Ms La Cho Pak, a gentle.even supply a Chinese customer. Sup that recently he had reported one of the India, had an audience & Buckinghaman whom they doubeless all know and appsing plaintit had sold the mineral water Chinese boys" engaged there because of "Palace with His Majesty the Kingsrently plaintif save every satisfaction to a Chinese customer contrary to reguh curtain continued shortcomings on his part. to the company' haine on twu cecasions tions that would not justify plaintiffs yesterday regarding the Indian Darbar when he intimured his intention to leave rest. He put it to them that Bir Willians The result was that the "buy" was dis they raised his salary and kept him on. having been blamed by his employers, med, and it is thought that it was in For some time pregins to the 9th of June without any care or any, enquiry order to have his revenge that the servant plaintiff was emplyed in Messia Wataco's deavoured to extract a confesion which attacked Mr Atkinson in the way he dit branch in Kowloon and his business was would have cleared Mr Williams. Assuming this morning. It scans that because of that of head Chinese clerk controlling the thus there land beeu a theft of mineral water, of the heat, ir atkinson last night slept out on the verndah and it was here that mineral water department at be was without the least enquiry Mr Williams are the dead was done.

Defendants were a

The took place

affair pininti in charge. under the supervision of Mr. S. Williams mited company and plaintif sought to limited at itod company liable for the mungful acts of Mr Williaans their sorrant, The law on that point, he would subunit,

THE TURF.

JOCKEY'S FATAL FALL.

(Reuter's Service to the Chine Mail.}

Lostos, Aug. 9.

יו

P. Cowley, a cross-conry joker met with an accident at the Hooton Fark Meeting through his mount falling...

He has since died from concassion.

THE RAILWAY STRIKE

DISASTROUS EFFECT ON PRODUCE TRANSPORT. (Reuter's Servier to the China Mañ.) LONDON, Aug. 9.

For thousand railway workers are idle at Liverpool

The following were sworn in as a special Jary-Messrs G. M. Young, foreman, D, by Messrs Watson's Kowloon dispensary assistant so Masers Brower and Company's Templeton, C. K. Lenziano.

was the Europeans in cixarge of that branch. Mr Williams wis the only European there and he resided on the haring his own room and his

own servants. That was a paint which might be of importance in the case later on.

an essential part It was of his duties to keep certain books, stock books, ledgers and so forth which would show how auch uninenil water had been received from Hongkong and how much had been sent out to customers in Kaw loon. Up to the 20th of June the best of relations existel between the defendant firm and plaintit who had given them every satisfaction and whom they were anxious to retain in their employ, baton that date something happened which led up to this esse. Between and 6 o'clock in the afternoon Mr Williams buy came plaintis and informed him that Mr Williams wanted

Fi ୫୫୯. in his

Plainti went to Mr

reetn.

TYES

was somewhat badly injured by a dismissed

boy,"

Mr Atkinson occupies one of the furnish

יח

at about a.m. kinet fult was something being pressed was horrified to see the old "boy" warply against his body. On waking be bending over him it was moonlight at the time with a knife in his hand. Me Atkinson at once yelled out an alarm and the next mornent he was rolling of his chair and the "boy" had disappeared.

The first thing Mr At-

was that where a servant of a company was

employ seting within the scope of hit the los ment and in that employment he does sonic wrongful act the company liable for that wrongful act. If there was

However, the noise awoke another an implied authority for Mr Williams to arrest n man it was for them to say. There bandar sleeping in an adjoining rooms and would be a number of facts which would on learning what had happened he hurried- bring to their mind, no doubt, the factly sought tracks of the boy but without result. Despite the fact that there were that he had that authority. The first was that Mr Willians bad sole charge of the numerous Chinese lying about near the branch in Kowloon and the second that that branch was separated from Bengkong.

His Lordship-Separated by son? Mr Potter-Yos

rooms and an Indian watchman at the

door, the servant could not be found, and this seems to lend colour to the view thut it was an arranged atkir. The pelice were soon informed and are pecuting en quiries.

Th appears that the knife used by the

bey

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The strikera bare issued a manifeste Wilms' private room on the pranises take their knowledge of the Colony and it was a fortunate thing that Mr Atkinson The Streçt of To-day, by John Masaticid

appealing to all railwaymen to strike ent of sympathy. They declare that the stake in a protest against the Conciliation Boards.

Goods are lying at the stations and docks, which are idle, and quantities of meat, butter, and other perishable goods are held up.

NEW POST OFFICE SECRETARY.

SIR MATTHEW NATHAN'S SUCCESSOR.

(Reuter's Service to the China Mail.) Losdox, Aug. 9. Sir Alexander King, Second Secretary to the Post Office, has been appointed First Secretary in succession to Sir Matthew Nathan.

NEW AMERICAN

STATES. W (Reuter's Service to the China Mail.)

Losos, August 9.

A Washington massage says the Beante has admitted New Mexico and Arizona as States.

ROYAL MOVEMENTS.

(Bexter's Service to the China. Motil. Į Lostdy, Aug. 9.

The King and Queen have returned to Buckingham Palace.

T

Procteding Mr Potter said that he put it to the jury that Mr. Williams had implied authority to act on his own authority in case like that. They would be entitled to say whether Mr Williams had that implied authority to arrest plaintiff. When the plaintiff was charged at the Magistricy the prosecution was in the name of the acting secretary of Messes Watson's Ltd. Even assuming that they were satisfed that Mr

Williams had not that implied authority vestext in him to arrest plaintiff he submitted that Mesers Watson land mtifel the action of their subordinato by precating plaintiff in their own name and had therefore taken the respondibility on their own shoulders. Plaintiff WAR in humble circumstances and land brought the action in the cheapest possible way, with

it into out taking original jurisdiction as he could have done, so that it could not be thrown in his fed that he was trying to make money because some wrong had been done to him. When the police court pro- eeedings came on Messrs Watson and Co. offered no evidence.

and there he saw Mr Williams and a price sergeant, Whon plaintiff gt ist the room to his unutterable astonishment Mr Williams began to address him se followsYou are a thief: you stole dozen bottles of mineral water twenty-four which you sold to the Cheung Bing firm," That was the greeting plaintiff received from: Mr Williams and one of the first re- murks plaintif made was "I don't know the Cheung Hing and he

firth** abalutely denied that he ever stole a dozen or more of mineral water. But that was not enough, ALY Williams, not content with the denial pressed plaintiff to admit his guilt and fall him that if he admitted it he would be alright and he could go away. Plaintiff nct being a guilty man would not aduit any guilt. That sort of thing went on for sume Ciuc, approximately half an hour, and the door was shut on plaintiff and he was Bot allowed to leave the room. What was of the utmost importance in the cise was twenty that during that half hour or minutes plant was not arrested by the police sergeant. He was confined within the room and was not under arrest but on plaintiff still protesting his innocence and His Lordship-Is it part of your case refusing to admit any guilt he was then thuit the arrest by the sergern, was his own taken in charge by the sergeant and renet or that he was acting through Mr moved to the Kowloon police station and Williams?

His Lordship.Did they appear JI Potter No. They did not appear. Plaintif was brought into the cours and told that he was discharged. He wna en bail.

case

was an ordinary table knife, and woke when he did. As it was, two or three snail desh wounds had been inflicted in the stomach, needing the attentions of the doctor.

COMPANY MEETING.

Hongkong and South China. Steam Fisheries C, Ltd.

The ordinary general meeting of share. holders of the Hongkong and South China Steen Fisheries Co., Ltd., was held at the offices of the General Managers to-day.

Mr A. Forbes presided, and there were also prosent Musers G. Mackie and Lo Shui Hoi (directors), A. G. Clappin (secretary), J. Findlay Miller, R. Smyth, F Bevington, A. E. Griffin, P. J. Buck land, I. Rocha, Tam Kisug Jeung, Cheng Yow Kee, Cheng Kai Hin and J. M. .: Rumario.

The Secretary read the notice convening the meeting.

The Chairman said:entlemen,-I will with your permission take the report and accounts as rend.

Snce the 2nd July the trawler Foi Fang has been nunking trips in various direction-4 mainly with a view to lading the baking impered by the typhoon weather which Impresailed sking it necessary for

to Trawler

shelter nad chasing considerable lows of time. Our catches індеті *9ry good birt I am glad to say they

confined there the night. The next day bo Mr Potter-There was no warrant issued was taken to the police station in Hongkong for plaintiffs arrest but after the con-rounds. In this we have her very much and charged with the larceny of 4 duzen rensation with Mr Williams plaint was bottles mineral water which was said to arrested by Sergeant Wilk, have taken place on Jane 26. Hthe facts

His Lordship-Is it a part of your were proved as he ad stated them then that there was a felony? the detention of plaintiff by 3r Williams Mr Potter-There was no felony. Even of Esh nadve the circumstances have not if the sergeant did arrest plaintiff or have improving. We have decided to try to own responsibility defendants were find the grounds furth r North. According- hable for the false imprisonment prior to

ly the trawler is now enged in the the arrest.

Formos

Channel and the catches have from time to time been landed and here and at Swatow.

We were desirous of trying, the latter

in his ruum was false imprisonment. In order to constitute false imprisonment in the eyes of the law it was not necessary that he should be thrown into goal, but if he was deprived of his liberty even for s short time the person who camel it had imprisoned the tuzazi.

Plaintia then gave cridence in app

of his counsel's opening waterunt.

Mr Pollock said that plaintit should be non-suited and judgment entered for de-

his

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On and after the 28th July, 1911, the Agency for the above FRESCRIPTIONS ACCURATELY Whisky is transferred to Messrs MCEWEN, FRICKEL & Co

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COMPANY REPORTS.

Hongkong and Shanghai

Banking Corporation.

194

directors to the ordinary hall-yearly The ninety-second report of the court of

general meeting of shareholers to be held at the City Hall, Hongkong, on Saturday,

The directors have now, to submit to you

1

The net profits for that period, including 82,039,161.81, balance brought forward from last account, after paying all charges, deducting interest paid and due, and making provision for bed and doubtful accounti, amount to 85,232,844.16.

The directors recommend the transfer of 8500,000 from the Profit and Loss Account which Fund will then stand at $18,750,000. to credit of the Silver Reserve Fand After making this transfer and deducting retouneration to directors there remains for appropriation 24,717,844.16, out of

HIN Lordship-Are you not relying more especially on what happened subsequently? fendants. Mr Wiliams had no impplied market, al hough we hope that with the

Mr Potter said that ho wax. Tsere authority or responsibility for Messrs encement of the northeast momsena voithe 19th August, 1911, at noun, reads:

satisfactory quantities may be able to ahtuin was no warrant issued for the arrest of Watson and Co.,

proper course o

nearer Hongkong thus saving tinte the generalf plaintiff but after the conversations had would have x-un to no to tay there and expense of steaming. You will be glad a genent statement of the affairs of the place between Mr Williams and nagers. In pre-telephone excuse but to hear that we have the hearty support Bank, and balance sheet for the half-yur THE POPE'S ILLNESS. plaintif he was arrested by the police

might have been Then the false imprisonment.

and co-operation of our Clincas friends and ending 30th June, 1911. it sergeant.

that telephones were in operation Huw

are thore favourablu we when conditionsTM a was an easy instter to communicate with (Reuter's Service to the Chinn Mail.) continued and when a policeman tock a

man away and continud him in goal it Hongkong Why kuuld he be treated have to be in a position to place larger LONDON, Aug. 9. continued until he was taken before a one on a desert island. The name of the quantities of fish on the market. I do not His Holiness the Pope is suffering police magistrate who was a judicial officer; secretary appeared on the charge sheet at think there is anything more I can usefully telyadi but I shall be pleased to answer any it continued until he was discharged but the police court but there was absolutely from a cold and gouty phina.

once, the magistrate had interfered it then no His sisters are at the Vatican zura)DA became malicious prosrestion. In enaction no evidence that the head of the firm was questions to the best of my ability..

There being no questions the Chairman consulted with regard to the matter.. for tale imprisonment all plaintiff had to Ir that court the question was whether moved the adoption of the report and ac prove was the false imprisonment and it any evidence had been given to show that counts. Mr Buckland secondled-Carried. Du the motion of Me Griffin seconded by LONDON DOCK STRIKE. was for defendants to satisfy the jury that the general managers of the company in

they did not net with malico:

His Lordship-I don't think malice any way authorised these proceedings, Mr Miller, Mr Mackio was re-elected to

Such authority could not be and the Consulting Committee,

Mr myth moved and Mr Bevington and there was absolutely nothing ad- Mr Putter-I think plaintiff must mitted to show the authority from the seconded the re-election of Messrs Liwe, prove malice. It is for defendant to satisfy company, The jmy had nothing before Binghain and Matthews as auditors-Car your Lordship that he acted with reset them to know that be a party should be ried.

The Chairman--That is all the business able and probable cause. Continuing Mir held responsible. They could pos imply

of the meeting, gentlemen. Potter said that with regard to malicious authority from the fat that it was an prosocution the burden of proof was on plaintiff and he had to satisfy them that ergency care cure there was ne emergency from wiriel any liability could first of all he was proaccuted and secondly be vested in defendants, nothing to sunke that defendant had not reasonable and immediate action needssary. In other words there was to run why the proper promide cause to believe that plaintiff was guilty of any offence and therefore bed no authorities, the general managers, honid reasonto prosecute him. Thirdly; laintif had not have been consulted." to prove that defendant acted maliciously. His Lordship said that certainly, on the With regard to the fake imprisonment he would prove the arrest, the contestant in question of malicious pecution, he was the room, his being taken to the police against Mr Potter and he was inclined to station. In fact these things were admit think there was na gestion of false in ted and sould not be disputed and prisonment. Of sound everyone was sorry having done that it would be for de fur the man. fondante to satisfy thom that they had

BOARD OF TRADE INTERVENES.

Legg

(Beuter's Service to the China Mail:)

Lovox, Aug. 6.

Mr., Askwith K. C., of the Board of Trade, is to confer with employers and men concerned in the London Dock Strike

Today a meeting of the Strike Com- mattec protected against the action of the War Office iz sending Army Service men to the granaries on the rivers to do work which the strikers had refused to do in connection with an Army contract, declaring that each interference would lead to breaches of the peace.

ENGLISH GENTLEMAN

ARRESTED.

ALLEGED ESPOINAGE IN. GERMANY.

matters in false imprisonmcat.

ORGAN RECITAL.

which the directors recommend the pay- niest of a dividend of two pounds sterling per share, viz: £240,000, which at 1/94, the rate of the day, will absorb 82,079,060.77 The balance 82,033,774.30 to be carried to Now Profit and Loss Account.

DIRECTORS,

It was gratifying to see such a large Mr. B. A. Levy and Mr W. Logan inving congregation at the Cathedral on Monday resigned their seats. Mr. C. S. Gubbay and ni ht, when Mr Denman Fuller gave 12-

ME. Shellim have been invited to fill the other of his popular organ recital. The ricancies,

Mr Henry Keswick, the Chairman, who programme was chosen to suit popnlar tiste and as a result it was not so full of good has been absent on leave, has reigned his things as Mr Faller's bills of fare seat as he is not returning to the Colony generally are. It contained pieces so The Hon. Mr C. H. Reds has been invited widely divergent in theme and to join the Board.

at this meeting

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TANSAN should always be used in preference to Aerated Water Mr Potter-1 asa not endeavouring to in merits Beethoven's Moonlight The above appointments require con- its cost not being much more (2 cents is allowed for every empty bottle acted with reasonable and probable caus got sympathy; an endeavouring to get Bonats and Scotson Clark's Marobe aux firmation Medhurst has been elected returned), and its Quality being

Moses

J.

زيت

Law

Flambeaux. Still, it was greatly enjoyed, for using the imprisonment.

puro With

After the tin adjournment His Irland if all the music was not of the best, Chairman for the remainder of the year hin regard to the malicious

prosecution Lordship would say whether there was hip said that he had considered the cue Mr Fuller's work was not of a lower order and Me E. Shellim Deputy Chairman.

AUDITORE. reasonable and probable andise and it and he thought that perhaps on the ground than that on which he has won so high a

that the charge sheet bore the use of the reputation. The opening piece, Guilmant's The accounts have bom audited by Mr would be for them to say whether there was deferuinnt's secretary he had to same Grand Choeur, was finely played, and the

W. Hutton Potts and, Mr C. Gordon malice. The jury might from the total that it was legally there. He thought precision displayed in pedal work was a (Reuters Service to the China Mail) absence of reasonable and probable cause,

come to the conclusion that defendants there was some case to go to the jy mbate to the organist's powers of Mackie, the latter acting for Mr J. W. C.

subject to what might be sand.

execution. The other chief items were Bencar, who is absent from the Colony. Londos, August 8 acted with inalica. He would road to themr Pollock-It a big jump to my Beethoven's Moonlight Bamats and two of

Wa Mendelssohn's Songs without Words (Kos. TRONGH JULY OUTPUT. 4 The Barlin Lokalanzeiger mys a well three letters which had been disclosed by that the secretary in the comp Jon't and 9). The Boathoren place was most NDIAY

defendants and which to his mind threw a are in a dificult position because I connected Englishman has been load of light on the pravcution. First of want to waive any right to stop us from sympathetically handled, though, the dis

A wire from the manager of the Tronoh strested in Bremen on a charge of all he must explain that apparently

corfant blasta of a bugle near by did not Mines announces that the output for July appealing espoinage on the North Sea const

Watson gave the agency for supplying His Lordship sui Ho would know the Improve the effect.

Star Swab: 21,003: pieuls.—Straits Timex, If the auspicicns of the authorities Chinose customers in Kowloon with mineral

The vocal portion of the programme was are correct, the arrested gentlemen must water to a Sir Wong while the Kowloon position.

Mr Pollock said that the general provided by Mrs Stainer and B qusiteite delight in dangerous escapades. He is a branch of Meses Watson and Co., Ltd., lawyer, 25 years of age, and is an officer supplied; the European population only managers did not authoriss the arrest of composed of Max Gold-inith, Messen J, W

On June 26 Bir Wony wruto to his na palatif and on June Mr Henry Hum White, S. Paul and F. A. Biden It the Yeomanry.d

mying that he had discovered that Masses plireys was absent on visit to Castro. I cannot say that we were greatly impressed Watson and

and Co. had been supplying was quite clear front the articles of associn with their work. The soloist has a power mineral water to the Cheung Hing him and tion that the general managers had a wide ful voice of considerable richness in the baking

if there was any way of stopping it, power apart from the stairs which came middle register, but there was a haraness The telegram quoted below was received Mr Wong, Jr., wrote to Mr Henry Hum- before the company in meeting. Propoed in her singing which was distinctly notice by the American Consulate General Hong-phreys with regard to the matter and ings could not be intituted except by the able in the loud paassges, while in sesota two doses and no loss of time will be kong from the Manila Observatory at Messen Watson in turn, through their general managers. Mr Clark was left in panying her the quartetto lacked balance incurred ; whereas several days would be 112 noon to-day

general managers, wrote-to-bir Williams to charge while Mr Humphrey was away and body, the bass siement being mach required to room the effect of such an Matalo, August 9, 10,40 am. Cyclone or the effect that a complains had been made so by would tell them, that he did not too thin. The numbura given work attack under the ordinary method of tapet

Nobin

Atorskeopps typhoon Evol Malus moving W or that that brand had supplied mineral anthuring the proceeding. The Articlon Shepherd of Bonis and Ora Proment Var inle by all Choniste

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